MARITIME INTERN. NOMINEES ESTABLISHMENT v. REPUBLIC OF GUINEA

No. 81-1073.

693 F.2d 1094 (1982)

In the Matter of the Arbitration Between MARITIME INTERNATIONAL NOMINEES ESTABLISHMENT v. The REPUBLIC OF GUINEA, Appellant, United States of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 12, 1982.

As Amended on Denial of Rehearing January 27, 1983.


Attorney(s) appearing for the Case

Stephen N. Shulman, with whom Mark C. Ellenberg and Mary M. Kearney, Washington, D.C., were on the brief, for appellant.

David Maurice Cohen, Atty., Dept. of Justice, with whom Charles F.C. Ruff, U.S. Atty. at the time the brief was filed, William Kanter, Linda M. Cole, and James G. Hergen, Attys., Dept. of Justice, and James H. Michel and Jonathan B. Schwartz, Attys., Dept. of State, Washington, D.C., were on the brief, for intervenor.

Mattaniah Eytan, San Francisco, Cal., with whom Julius Kaplan and James W. Schroeder, Washington, D.C., were on the brief, for appellee.

Before ROBINSON, Chief Judge, EDWARDS, Circuit Judge, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

The Republic of Guinea ("Guinea") appeals from, and raises numerous challenges to, the District Court's order confirming an arbitration award rendered by the American Arbitration Association in favor of Marine International Nominees Establishment ("MINE"). The District Court lacked subject matter jurisdiction, Guinea claims, because Guinea was immune under the Foreign...

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